On October 1, the State of Michigan will join more than 150 cities and counties as well as over 32 states in enacting a ban-the-box policy that prohibits asking job applicants if they have been convicted of a felony in an initial application. The policy applies to Michigan state positions and public employees, not private employers. The question will remain on applications where state law does not allow former felons from being licensed, such as in the healthcare field.
Michigan Governor Rick Snyder is encouraging private employers to follow suit. Currently, eleven states require the removal of criminal history questions from job applications for private employers.
Troutman Sanders will continue to monitor related legislative developments concerning employment background screening and employee hiring.